Shri Mulchand Keshrimal Jain v. Mangesh Ganpat Raut And ORS

CRA 717-15.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 717 OF 2015 Mulchand Keshrimal Jain .Applicant Vs.

Mangesh Ganpat Raut & ors.

.Respondents Mr. Sanjiv Sawant a/w Mr. Abhishek Matkar, Advocate, for the Applicant Mr. P. M. Arjunwadkar, Advocate, for the Respondent Nos. 1,2 & 4

CORAM

:

REVATI MOHITE DERE, J.

DATE :

11.12.2019 P. C.

.

Heard learned counsel for the Applicant.

2.

Learned counsel for the Applicant submits that in view of the Judgment of this Court ( Coram : Sandeep K. Shinde, J. ) in Shabbir Ibrahim Mestry and Another Vs. Anjum Rahim Mestry and Others in W. P. No. 12418 of 2015 alongwith W. P. No. 8089 of 2015, the aforesaid Application will abate. Learned counsel for the Applicant has tendered a copy of the said Judgment. The same is taken on record. 3.

In view of the aforesaid Judgment, the Revision Application stands abated in terms of clause-2 of Section 3 of the Code of Civil Procedure ( Maharashtra Amendment Act ), 2018. However, the

CRA 717-15.doc said objection with respect to jurisdiction shall be decided by the trial Court at the time of deciding the main suit.

4.

Accordingly, the Application is disposed of on the aforesaid terms. Ad-interim relief stands vacated. The learned Judge to proceed with the case expeditiously.

(REVATI MOHITE DERE, J.)